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ORDINANCE NO. 2006-4-7106
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING
A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF
PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY,
THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, AND
CRISP REALTY CO., WITH RESPECT TO A PUBLIC PROJECT;
AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED
TO SUCH MEMORANDUM OF UNDERSTANDING.
WHEREAS, the City of Paducah, Kentucky (the "City") has previously determined, and
hereby further determines, that it is a public purpose to reduce unemployment in the City, to
increase the City's tax base, to foster economic development within the City and to promote the
development of a skilled workforce, all to the benefit of the citizens and residents of the City;
and
WHEREAS, The City and the County of McCracken, Kentucky (the "County") have
further determined that it is necessary and desirable to accomplish such public purposes that the
City and the County must proceed at this time to provide certain economic incentives to Crisp
Realty, Co., ("Crisp") in order to induce Crisp to expand its existing business and industry by
expanding and locating its customer service center (the "Project") within the boundaries of the
City of Paducah and McCracken County, Kentucky; and
WHEREAS, The City, County, Crisp and the Greater Paducah Economic Development
Council ("GPEDC") find it necessary and advisable to set forth in summary form the intention of
the Project and the economic incentives to be provided to partially defray the costs of the Project;
and
WHEREAS, in order to further the above described public purposes, it is necessary and
desirable that the City now authorize the Memorandum of Understanding among the City, the
County, the GPEDC and Crisp with respect to the Project and the economic incentives to be
provided.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. Recitals and Authorization. The City hereby approves the Memorandum of
Understanding among Crisp, the City, the County and the GPEDC (the "MOU") in substantially
the form attached hereto as Exhibit A and made part hereof. It is further determined that it is
necessary and desirable and in the best interests of the City to enter into the MOU for the
purposes therein specified, and the execution and delivery of the MOU is hereby authorized and
approved. The Mayor of the City is hereby authorized to execute the MOU, together with such
other agreements, instruments or certifications which may be necessary to accomplish the
transaction contemplated by the MOU with such changes in the MOU not inconsistent with this
Ordinance and not substantially adverse to the City as may be approved by the official executing
the same on behalf of the City. The approval of such changes by said official, and that such are
not substantially adverse to the City, shall be conclusively evidenced by the execution of such
MOU by such official.
Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be
held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
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its committees, if any, which resulted in formal action, were in meetings open to the public, in
full compliance with applicable legal requirements.
Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with
the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
Section 5. Emergency. Pursuant to KRS 83A.060, the City Commission suspends the
requirement of a second reading of this Ordinance. As grounds therefor, the City Commission
does hereby declare an emergency to exist as to the execution of the Memorandum of
Understanding. Specifically, any delay in the execution of the Memorandum of Understanding
could adversely impact the Project.
Section 6. Effective Date. This Ordinance shall take effect from and after its passage, as
provided by law.
ATTEST:
AO X � X�
City Clerk
Introduced and Adopted by the Board of Commissioners, April 25, 2006
Recorded by Tammara S. Brock, City Clerk, April 25, 2006
Published by The Paducah Sun, May 2, 2006
Ord\Incentives-Pepsi